LC Latest

  • AI Q&A

    With Michael Lettius

    LC member Glimstedt answers some of the most talked about questions regarding artificial intelligence and the law. You can read much more on the Glimstedt website.

    1. Can artificial intelligence be named an inventor in a patent application filed in your jurisdiction?

    No. Since AI is not considered as a legal entity in Sweden, AI cannot be named as an inventor in a patent application.

    2. Do images generated by and/or with artificial intelligence benefit from copyright protection in your jurisdiction? If so, who is the authorship attributed to?

    If an image has been generated completely by AI no one benefits from copyright protection according to the Swedish Intellectual Property Office. The right to use images generated by AI may however be regulated in the AI system’s terms of use.

    The fundamental principle of copyright in Sweden is that it can only be attributed to a human being. Copyright is based on the premise that the creator has contributed to the work through free and creative choices. Even though AI-generated images are produced based on human instructions, the outcome is unpredictable. Under current legislation, AI-generated images would in most cases not be eligible for copyright protection. For AI-generated material to be protected, the human creator must use the generative AI system as a tool or aid as part of a larger creative process. If it is possible to process AI-generated material to create a predictable result based on free and creative choices by the creator such material may be protected by copyright.

    3. What are the main issues to consider when using artificial intelligence systems in the workplace?

    Key issues may differ from business to business. However, issues which generally should be considered are ensuring compliance with GDPR, such as ensuring that the processing of personal data is done on a legal basis, and ensuring the protection of confidential information in general. Additionally, AI systems may raise ethical issues regarding fairness and bias. Algorithms may inadvertently discriminate against certain groups if not properly designed or trained, which has been proven in for example the AI released by Microsoft Corporation as a Twitter bot in 2016. Ensuring fairness and transparency in AI decision-making is crucial.

    AI systems must also be accurate and reliable. Ensuring that AI models are properly trained, validated, and tested is critical to avoid errors that could potentially impact business operations or decision-making.

  • Harassment at Work

    by Felix Bernardo

    Caldeira Pires partner and Lawyers Cooperation Board member Félix Bernardo has written an informative and thought-provoking opinion piece on an employment issue that requires ongoing attention - harassment at work.

    The piece was published by Human Resources Portugal, and can be read in English below or by clicking the link here.

    Enjoy!

     

    Harassment at work: The fight for a healthy working environment

    The question may arise as to whether we should continue to discuss harassment at work, a topic that has already been widely debated. The answer is yes. The persistence of this problem and the data on its prevalence show that harassment in the workplace is still a reality that needs ongoing attention and effective action.

    In Portugal, despite the legislation in force, such as the Labor Code, which provides for measures against harassment, the practice is still recurrent and often silenced. Victims, for fear of reprisals or discredit, rarely report the abuse. This silence is often perpetuated by a corporate culture that minimizes complaints and, in some cases, protects the aggressors. As a result, a toxic working environment can lead to high turnover rates, increasing the costs of recruiting and training new workers.

    And companies with high rates of harassment have lower productivity and efficiency. According to a study carried out by the Commission for Equality in Labor and Employment (CITE), 16.7% of Portuguese workers claim to have been victims of moral harassment in the workplace, while 12.6% reported having been the target of sexual harassment. These figures not only reveal a reality that deserves our attention, but also emphasise the need for intervention to guarantee well-being in the workplace.

    Benefits in the fight against harassment

    Companies that adopt strict anti-harassment policies and promote an inclusive and respectful working environment can find many more benefits. Firstly, productivity increases considerably. Workers who feel good and valued are more productive and contribute more effectively to the company's objectives.

    In addition, reducing absenteeism and turnover saves significant costs related to recruiting and training new employees, allowing for more efficient use of human and financial resources.

    Improved corporate reputation is another important benefit. Companies with a positive work culture are more attractive to new talent and can benefit from a better reputation on the market, both among customers and partners and among potential employees.

    Failures in Law Enforcement

    Recently, a report in Expresso revealed that 1 in 5 professionals in Portugal is the target of harassment at work. This figure underlines the persistence and seriousness of this problem, highlighting the need for more forceful action to protect workers and ensure a safe and healthy working environment.

    Despite legal protections, the effective application of these laws is often insufficient. Many employers still don't implement clear anti-harassment policies or provide adequate training for their employees.

    Complaints of harassment are sometimes dealt with negligently, without proper investigation or consequences for the perpetrators.

    This failure can perpetuate the problem and give the impression that such behaviour is tolerated.

    Positive steps

    However, it's not all bad news. Portugal has ratified Convention 190 of the International Labour Organisation (ILO) on the elimination of violence and harassment in the world of work. Adopted in 2019, this convention is the first international treaty to specifically address violence and harassment at work. Portugal's recent ratification represents a serious commitment to tackling this problem systematically.

    Portugal's ratification of this convention reinforces our country's commitment to guaranteeing a safe and dignified working environment for all.

    This is a significant step that must be accompanied by concrete efforts to ensure its effective implementation.

    The need for a cultural change

    To effectively combat harassment at work, a cultural change is needed. Companies must adopt a zero-tolerance stance, implementing strict policies and clear procedures for reporting and investigating cases of harassment.

    In addition, it is essential to promote an inclusive and respectful working environment where all employees feel safe and valued.

    Means of reaction

    If a person is the victim of harassment at work, they should take the following measures:

    Internal Whistleblowing

    You can report the incident to the person or department responsible, usually Human Resources, who must investigate and treat the situation confidentially. The company is obliged to initiate the relevant disciplinary procedures when it becomes aware of the situation.

    External Whistleblowing

    If you prefer, or if the company doesn't have a suitable person in charge, you can report the matter to external organisations such as:

    - Commission for Equality in Labour and Employment (CITE)

    800 204 684

    geral@cite.pt

    https://assedio.cite.gov.pt/queixa-por-assedio/

    - Authority for Labour Conditions (ACT) - for the private sector

    707 228 448

    https://portal.act.gov.pt/Pages/queixa-denuncia.aspx

    - IGF - Audit Authority

    - for the public sector

    LTFP.art4@igf.gov.pt

    https://igf.gov.pt/informacao-assedio-em-contexto-laboral-no-setor-publico

    - Courts

    In conclusion

    Harassment at work is an issue that requires our attention and needs to be addressed with due care. Only through cultural change and rigorous application of the law can we guarantee that all workers carry out their duties with dignity and in a safe working environment.

  • Lawyer of the Month

    Congratulations Massimo!

    LC Board Member Massimo Caiazza, Caiazza and Partners, has been named Lawyer of the Month in the Swedish Bar Association magazine Advokaten. 

    Massimo is an Italian avocato working in Milan and a Swedish advokat. He was the first person to be admitted as a member of the Swedish Bar Association without Swedish citizenship. This month's edition of Advokaten celebrates his achievements as one of the founding members of the International Section of the Swedish Bar Association.

    You can find the magazine article here (page 49). Below is a copy of the article translated in English.

    Congratulations once more, Massimo.

     

     

    The Lawyer of the Month

     

    How is it that you are both Italian and Swedish born?


    I met my future wife Susanne in Udine in 1980 when I was 19 and she was 18. We were AFS students, she was in Italy on a scholarship to an art college and I had returned to Udine after a year in the USA. At that time I didn't speak a word of Swedish and had not been to Sweden either. We have now been together for 44 years and Sweden has become an important part of my life.


    When I was a trainee at the Carler law firm in Stockholm in 1986 as a newly qualified Italian lawyer, I commuted from Eskilstuna and spent four hours a day on the train. Then I decided to use the time and started reading legal books in Swedish. That's how I got my education in Swedish law. The lawyer Barbara Segesvary was my mentor and I learnt the profession from her. Before that, I was a trainee in Udine with one of the few female lawyers in Italy in the 1980s, so I can say that my professional background comes from women.


    Susanne and I got married in Eskilstuna in 1988, and since then we have been living in Milan, where I opened my law firm and passed the Italian bar exam. I continued to have daily contacts with Swedish clients and colleagues. When Sweden joined the EU in 1995, I was the first foreign lawyer to apply to become a Swedish lawyer. It took a year for the Swedish Bar Association to respond, they came back with a demand for three knowledge tests on Swedish law that I did at Stockholm University. After a further aptitude test, I was admitted in 1996 as the first member of the Swedish Bar Association without Swedish citizenship, with the full title of Advokat. I continued my practice in Milan.

     

    How do Swedish and Italian legal cultures differ?


    There are differences in the interpretation and application of laws: consistent and predictable for Swedish lawyers, while Italian lawyers are more used to a flexible interpretation of rules depending on the specific case. This may lead to different expectations on how a legal situation should be handled. I must add that legal certainty in Italy does not have the same priority as in Sweden, and this is reflected in millions of ongoing civil cases, over 30,000 decisions per year from the Italian Supreme Court and over 240,000 Italian lawyers. However, there are not only disadvantages to such a situation: access to justice is very easy in Italy, an army of lawyers maintains the rule of law in society, and many laws that do not come on time are created by judgements driven by lawyers.

     

    You were one of the founders of the International Section of the Swedish Bar Association. What does the section mean for those working outside Sweden?


    Swedish companies and institutions should know that there are almost 100 Swedish lawyers working outside Sweden in many different countries. It should be natural for them to look for us in the first instance when they have a case abroad. I am amazed that new clients, after more than 30 years, are still surprised to discover that there is a Swedish lawyer in Italy with a foreign surname who ... also speaks Swedish.


    It is important and safe to hire a Swedish lawyer who is bound by Swedish ethical rules even when doing business abroad. We are a unique network that ensures knowledge, quality and correct working methods in accordance with Swedish standards, and let me say that no one other than a Swedish lawyer operating in another country has as good knowledge of both systems.